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A witness is present in a civil trial, but a party's lawyer is unready to cross-examine. What does…

Order XVII rule 1(2)(e) permits the court to record the testimony of a witness who is present and to make an appropriate order dispensing with examination-in-chief or…

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A witness is present in a civil trial, but a party's lawyer is unready to cross-examine. What does Order XVII rule 1(2)(e) of the Code of Civil Procedure, 1908 permit the court to do?

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Answer and explanation

Correct answer B

Order XVII rule 1(2)(e) permits the court to record the testimony of a witness who is present and to make an appropriate order dispensing with examination-in-chief or cross-examination when a party or its lawyer is absent or unready.

Option feedback

Option A

The lawyer's lack of readiness does not require an adjournment.

Option B

The rule permits the court to record the witness's statement and make an appropriate order dispensing with cross-examination.

Option C

The rule prescribes no automatic dismissal.

Option D

The rule gives the court discretion to record testimony despite the lawyer's lack of readiness.

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